1. General
1.1 Cigno (‘We’, ‘Us’, ‘Our’) is a trading name of FTA Data Solutions Pty Ltd, ABN 95 670 814 221.
1.2 Cigno is an Authorised Credit Representative (CRN: 552387) of Finance & Loans Direct Pty Ltd (Australian Credit Licence Number: 390166).
1.3 By choosing to use the Cigno Services or by positively indicating your agreement on the Cigno Website https://cignoau.com.au/ you hereby acknowledge and agree to be bound by these Cigno Terms and Conditions (‘Terms and Conditions’).
2. Cigno Services
2.1 By way of a consumer initiated inquiry on the Cigno Website, Cigno collects the information of consumers who are interested in the products or services offered by credit providers or credit representatives and collates the consumer information into a data package.
2.2 Cigno may provide consumer information data packages to third party intermediary partners for a fee, with the purpose of generating leads to credit providers and providers of other goods or services to provide the consumer with the credit or goods or services they are seeking (Cigno Services).
2.3 Subject to clauses 7 and 8 below, once a consumer information data package is sold to a third party intermediary partner, Cigno has no further interaction with the consumer relating to that particular inquiry.
2.4 Cigno is not a credit provider or a credit assistance provider and does not carry out any of the following activities:
a. suggest that a consumer apply for, increase or decrease a credit limit of, or remain in, any particular credit contract or consumer lease;
b. assist a consumer to apply for or increase or decrease a credit limit of any particular credit contract or consumer lease;
c. make any credit or credit related decisions; or
d. provide any other credit advice or assistance.
3. Privacy Policy
3.1 Privacy is very important to Us, which is why We have created a separate Privacy Policy to explain in detail how We collect, use, disclose, process, secure and store your personal information. Our Privacy Policy can be accessed https://cignoau.com.au/privacy-policy/
4. Use of the Cigno Services
4.1 By choosing to use the Cigno Services you:
a. confirm that you are at least 18 years of age;
b. have the capacity to enter into a contract;
c. warrant that any information that you provide to us is true and correct; and
d. warrant that you are using the Cigno Services for yourself and not on behalf of any other person.
5. Remuneration
5.1 We provide the Cigno Services to consumers for no charge.
5.2 Cigno may charge a fee(s) to third party intermediary partners for providing consumer information data packages to them.
6. No Warranty
6.1 The completion of Our Information Form does not guarantee approval or the provision of any credit, goods or services from any lead generated to a third party network. Any application for credit, goods or services that you may choose to make as a result of a lead generated to a third party network partner is subject to the eligibility criteria and terms and conditions of the credit provider or entity providing the goods or services.
6.2 Cigno does not endorse or recommend any particular intermediary partner, network partner, service or product provider, or product or service, that you may be connected with.
6.3 The providers available to you by your use of the Cigno Website may not cover all options available to you.
6.4 We do not guarantee, represent or warrant that your use of the Cigno Website or the Cigno Services will be uninterrupted, timely, secure or error-free.
7. Direct Marketing – General
7.1 In addition to clause 3 above, you consent to Us and any third party network partner who is disclosed your personal information, in accordance with these Terms and Conditions, to contact you indefinitely (unless you opt-out of receiving marketing communications in accordance with sub-clause 7.2 below) by any means including but not limited to by email, SMS, phone call, push notification, mail for the purposes of marketing.
7.2 You may opt-out at any time by using the “unsubscribe” function available in the marketing messages that are sent to you or by contacting the sender of the marketing message directly.
7.3 This clause 7 survives the termination of these Terms and Conditions.
8. Direct Marketing – Rewards and Daily Offers
8.1 Without limiting the generality of clause 7 above, if you indicate by way of checking the relevant checkbox in Our Information Form that you would like to find out about rewards and daily offers, you consent to Us providing your personal details to third parties who offer reward and daily offer platforms for the purposes of marketing those platforms to you.
8.2 You consent to those third parties contacting you indefinitely (unless you opt-out in accordance with sub-clause 8.3 below) by any means including but not limited to by email, SMS, phone call, push notification, mail for the purposes of marketing daily reward and daily offer platforms to you.
8.3 You may opt-out at any time by using the “unsubscribe” function available in the marketing messages that are sent to you or by contacting the sender of the marketing message directly.
8.4 This clause 8 survives the termination of these Terms and Conditions.
9. Liability
9.1 You agree that under no circumstances shall We be liable for any direct or indirect, special, incidental or consequential damages that may arise from your use , or inability to use, the Cigno Website.
9.2 All statements on the Cigno Website are general in nature only and do not constitute finance, credit or legal advice.
10. Indemnity
10.1 You agree to indemnify Us against any loss or claim We may suffer due to your breach of these Terms and Conditions, your negligence in relation to these Terms and Conditions, or otherwise due to your acts or omissions, with Our recourse to such indemnity limited to the amount which We would otherwise be able to recover at general law for your breach of contract or negligence in respect of these Terms and Conditions, plus legal costs on a full indemnity basis.
11. Variation
11.1 You can review the most current version of these Terms and Conditions at any time on the Cigno Website. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to the Cigno Website. It is your responsibility to check the Cigno Website periodically for changes. Your continued use of the Cigno Services and access to the Cigno Website following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
12. Jurisdiction
12.1 These Terms and Conditions are governed by the laws of Queensland. You agree that you irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland.
13. Severability
13.1 In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
14. Contact Us
If you have any dispute or query about these Terms and Conditions you can contact Us by email to: enquiries@cignoau.com.
Please consider your own circumstances before you use Cigno. Please make sure you read our Privacy Policy, Terms and Conditions and this Financial Risk Disclaimer.
Cigno is a business name of FTA Data Solutions Pty Ltd ABN 95 670 814 221.
FTA Data Solutions Pty Ltd is an Authorised Credit Representative (Credit Representative No. 552387) of Finance & Loans Direct Pty Ltd Australian Credit Licence No. 390166.
Cigno is not a credit provider or a credit assistance provider. When you complete the Information Form, you are not applying for credit or any other particular goods and services. The completion of our Information Form also does not guarantee that you will be provided with credit or any other goods and services through our network.
Depending on the information you provide to us in the Information Form, we endeavour to assist you by providing your information to our intermediary partners. Where we provide your information to our intermediary partners, we may receive a fee.
If the information you provided to our intermediary partners meets their requirements, they may connect you with a credit provider, goods and/or services provider and/or specific products to meet your their needs (depending on the information your input into the Information Form).
Any application you ultimately make through a particular credit provider or goods and/or services provider is subject to that provider’s eligibility criteria and terms and conditions. The loan, credit, product or service may not be available to every person. We do not endorse or recommend any particular provider, product or service that you be connected with or offered. All statement on this website are general in nature and do not constitute financial, credit or legal advice (or any other advice).
SMS: 0429 213 774
Email: enquiries@cignoau.com.au
Post: PO Box 1810, Southport BC, QLD 4215
ABN: 95 670 814 221
In the period from July 2022 to 3 October 2023, over 100,000 consumers have been lent a total of $34 million, and charged fees of over $70 million, under the ‘No Upfront Charge Loan Model’ operated by BSF Solutions and Cigno Australia. At no time has either BSF Solutions or Cigno Australia held an Australian Credit Licence.
The Court also found that Mark Swanepoel (director of Cigno Australia) and Brenton James Harrison (director of BSF Solutions) were involved in these breaches of the law.
With effect from 24 May 2024, the Court has granted permanent injunctions preventing Cigno Australia and BSF Solutions from:
Cigno Australia was ordered by the Court to, by 5th July 2024, send written communications to consumers who between July 2022 and December 2022 entered into agreements with Cigno Australia and BSF Solutions under the ‘No Upfront Charge Loan Model’.
The Court will later determine whether (among other things) Cigno Australia and Mark Swanepoel ought to pay a pecuniary penalty in respect of this conduct, and whether Mark Swanepoel should be restrained from carrying on a business engaging in credit activity.
Cigno Australia, BSF Solutions, Mr Swanepoel and Mr Harrison intend to appeal the decision of the Court and have filed an application for leave to appeal. If the appeal is successful, some or all of the orders of the Federal Court of Australia may be set aside.
You can access legal advice in your state at: Free legal advice – Moneysmart.gov.au.
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